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M/s. Anglo French Textiles Versus CST, Chennai

2017 (10) TMI 549 - CESTAT CHENNAI

Benefit of N/N. 30/2004-CE dated 09.07.2004 - yarn cleared for captive consumption prior to 01.08.2005, when the yarn was dutiable - whether the appellants are correct in reversing the CENVAT credit attributable to the inputs used in the manufacture .....

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correctable to the finished products cleared by them, they are eligible for the benefit of N/N. 30/2004 ibid - appeal allowed - decided in favor of appellant. - E/60/2008 & E/80/2008 - 41815-41816/2017 - Dated:- 17-8-2017 - Ms. Sulekha Beevi C.S., M .....

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ts are engaged in manufacturing Polyester Yarn falling under Tariff Heading 52 of the First Schedule to the Central Excise Tariff Act, 1985 and are availing the credit of duty paid on inputs. They opted to avail exemption under Notification No.30/200 .....

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actured out of polyester yarn were cleared without payment of duty under Notification No.67/95-CE dated 16.03.1995, thus contravening the provisions of Rule 4 of Central Excise Rules, 2004 and the conditions of Notification No.67/95-CE dated 16.03.20 .....

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cs without payment of duty from 01.08.2005. On adjudication, the original authority confirmed the demand of ₹ 6,42,993/- being the duty payable on the polyester yarn captively consumed in the manufacture of exempted goods under Section 11A (1) .....

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issioner (Appeals) to the extent modified the demand on the yarn and upheld the penalty. Hence these appeals. 3. None appeared for the appellants. Ld. AR Shri S. Govindarajan, AC, appeared on behalf of Revenue and submitted that the assessee s claim .....

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le to duty and hence the assessee was not supposed to expunge the credit attributable to the said yarn. The reversal of the input credit does not take away the said liability since the exemption from duty under the Notification No.67/95 was extended .....

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ty is correct in law. 4. The issue in dispute is whether the appellants are correct in reversing the Cenvat credit attributable to the inputs used in the manufacture of the yarn, which in turn had been used in the manufacture of fabrics. It is seen t .....

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